Central Coalfields Ltd. and Another vs Bhuwaneshwar Thakur

Heard learned counsel for the appellants. The workman was retired on 31.12.1999 considering his date of birth as 17.12.1939. An industrial dispute was raised wherein it was found that employee''s correct date of birth is 05.01.1942. In view of the limited reference, the labour court passed the award declaring the correct date of birth of the employee with direction to the respondents to reinstate the employee. Since no consequential benefit issue was referred to the labour court, therefore, it was not decided and petitioner thereafter filed the writ petition being W.P.(S) No. 5281 of 2010 which has been allowed by the learned Single Judge vide order dated 25.09.2012.

Learned counsel for the appellants submitted that the employee did not work for the said period and, therefore, he was not entitled to the back wages. It is also submitted that the back wages has not been awarded in the award.

We are of the considered opinion that the principle of ''no work no wages'' cannot be applied in all cases with rigour. In this case, the employee was superannuated for which he raised industrial dispute and the award attained finality and his correct date of birth was found to be 01.01.1942 and according to that date of birth, he could not have been superannuated. In that situation, if the learned Single Judge has awarded the back wages, the issue which was not the subject matter before the labour court and which could have been raised in the writ petition, we are of the considered opinion that there is no illegality in the order passed by the learned Single Judge. The L.P.A., having no merit, is dismissed.